36.602-2 Evaluation boards
Source: FAR 36.602-2 on acquisition.gov
Agencies must establish qualified, impartial evaluation boards for architect-engineer contracts, and firms with board members are ineligible for award during their participation to prevent conflicts of interest.
Overview
FAR 36.602-2 outlines the requirements for establishing and operating evaluation boards when acquiring architect-engineer (A-E) services. The regulation mandates that agencies must form one or more evaluation boards—either permanent or ad hoc—to review and select A-E firms. These boards must collectively possess expertise in architecture, engineering, construction, and government acquisition. Board members are to be appointed from highly qualified agency employees, employees of other agencies, or, if permitted, private practitioners. Each board must have a designated government chairperson. Importantly, any firm whose principals or associates are serving on the evaluation board is ineligible for award during their participation, ensuring impartiality and avoiding conflicts of interest.
Key Rules
- Formation of Evaluation Boards
- Agencies must establish evaluation boards with members experienced in relevant fields for A-E acquisitions.
- Board Composition
- Members can be from the agency, other agencies, or private sector (if allowed), and must be highly qualified professionals.
- Chairperson Requirement
- Each board must have a government member designated as chairperson.
- Conflict of Interest Prohibition
- Firms with principals or associates on the evaluation board cannot be awarded contracts during their participation.
Responsibilities
- Contracting Officers: Ensure proper formation and composition of evaluation boards and enforce conflict of interest rules.
- Contractors: Avoid participation in evaluation boards if seeking A-E contracts with the agency.
- Agencies: Appoint qualified board members and designate a government chairperson; monitor for conflicts of interest.
Practical Implications
- This section ensures the integrity and fairness of the A-E selection process by requiring qualified, impartial evaluation boards and preventing conflicts of interest. Contractors must be vigilant about board participation to avoid ineligibility, and agencies must carefully select and monitor board members to maintain compliance.
(a) When acquiring architect-engineer services, an agency shall provide for one or more permanent or ad hoc architect-engineer evaluation boards (which may include preselection boards when authorized by agency regulations) to be composed of members who, collectively, have experience in architecture, engineering, construction, and Government and related acquisition matters. Members shall be appointed from among highly qualified professional employees of the agency or other agencies, and if authorized by agency procedure, private practitioners of architecture, engineering, or related professions. One Government member of each board shall be designated as the chairperson.
(b) No firm shall be eligible for award of an architect-engineer contract during the period in which any of its principals or associates are participating as members of the awarding agency’s evaluation board.